Community trade mark Opposition proceedings Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) Relative grounds for refusal Likelihood of confusion Partial refusal of registration Application for Community word mark Solfrutta Earlier Community word mark FRUTISOL
Sumário
Judgment of the General Court (Seventh Chamber) of 27 January 2010.
REWE-Zentral AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for Community word mark Solfrutta - Earlier Community word mark FRUTISOL - Relative grounds for refusal - Likelihood of confusion - Partial refusal of registration - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009).
Case T-331/08.
Texto da decisão
Judgment of the General Court (Seventh Chamber) of 27 January 2010 – REWE‑Zentral v OHIM – Grupo Corporativo Teype (Solfrutta)
(Case T-331/08)
Community trade mark – Opposition proceedings – Application for Community word mark Solfrutta – Earlier Community word mark FRUTISOL – Relative grounds for refusal – Likelihood of confusion – Partial refusal of registration – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009)
Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services – Likelihood of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 15, 27-30)
Re:
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 21 May 2008 (Case R 1679/2007-2) relating to opposition proceedings between Grupo Corporativo Teype, SL and REWE-Zentral AG. |
Information relating to the case
|
Applicant for the Community trade mark: |
REWE-Zentral AG |
|
Community trade mark sought: |
The word mark Solfrutta for goods in Classes 29, 30 and 32 |
|
Proprietor of the mark or sign cited in the opposition proceedings: |
Grupo Corporativo Teype, SL |
|
Mark or sign cited in opposition: |
Community trade mark registration No 1687722 of the word mark FRUTISOL for goods in Class 32; Spanish trade mark registration No 2018327 of the word mark FRUTISOL for goods in Class 32 |
|
Decision of the Opposition Division: |
Opposition partially upheld |
|
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
1. |
Annuls the decision of the Second Board of Appeal of OHIM of 21 May 2008 (Case R 1679/2007-2); |
|
2. |
Orders OHIM to pay the costs. |